False Allegations of Colorado Sexual Assault and Other Crimes
The media today does a great job portraying the victim in a sexual assault case as scared, traumatized, and violated. Unfortunately, police in Denver, Arapahoe, and Larimer County enter into a sex crime investigation feeling the same way. There is a complete assumption of guilt by police officers and other members of the justice system, which often victimize an innocent person. Supposed “actors” in a sex crime case are taken into custody immediately based on allegations alone. After the accused experiences serious damage, police realize they made an arrest for sex crime charges which are the results of false accusations.
Our justice system has a presumption of guilt when it comes to allegations of Sexual Assault.
False allegations happen often in the criminal justice world against people accused of Sexual Assault (CRS 18-3-402), Sexual Assault on a Child (CRS 18-3-405), or Sexual Exploitation of a Child (CRS 18-6-403). People may wonder why anyone would make up something terrible like a sexual assault claim in Jefferson, Adams, or Douglas County. There are many reasons. At the O'Malley Law Office we will not judge or draw conclusions about your character like the police officers, District Attorney, and prosecutors surely have. Our job is to get to the truth and expose the false allegations as what they are: lies.
Our job is to expose the truth behind false allegations.
Children are sometimes the perfect tool for spouses, ex-spouses, or other adults to carry out an act of revenge against another person. Adults know any claim a child has about sexual assault will be blindly accepted by authorities. Sometimes they coach smaller children to say a few key words which will lead to an investigation and arrest. Spouses sometimes do this in divorce proceedings to keep custody of children. A convicted sex offender cannot be in contact with anybody under the age of eighteen, even their own children. Therefore, the accuser will not have to share custody.
Alcohol and Sexual Encounters
When sexual encounters involve alcohol, charges of sexual assault or unlawful sexual contact may occur. Memories are dulled by the effects of alcohol or drugs. People wake up regretting or not remembering their actions. And, in an effort to save face, claim they were attacked or had sex without giving consent. Colorado law states if someone is too drunk to give knowing consent, they technically haven't given their consent. Any time a person has sexual relations with someone because they had a few drinks, they risk prosecution for sexual assault. It is unfair that courts base life-changing verdicts on a “he-said vs. she-said” debate where no one really remembers the whole story.
We Check the Credibility of Witnesses in Sexual Assault Allegations
We check the credibility of witnesses. We investigate people with a history of mental disorders and past unfounded claims of rape or sexual assault. We do this to ensure the validity of their allegations. We also make sure all evidence was collected lawfully. In the case of child witnesses, we rule out of the testimony of children coached or coerced into making untrue allegations. There are more case dismissals without this false testimony.